Do I have to appear for a depositionif I have not beensubpoenaed?

A credit card company turned over debt to lawyer to collect $500 debt. They sued me and raised the debt to about $2500. I was forced into signing agreement that was too high. I told the court that I could not afford the payment but if I didn’t agree they would place a judgement on me. Which they ended up doing anyhow when I was only able to make 1 payment. They then asked for financial info which I sent. Now they want to deposition me.

Asked on November 27, 2011 under Bankruptcy Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you signed a settlement agreement resulting in a judgment against you and there has been a notice for your deposition to in order for the judgment creditor to obtain information about your income and asset status, the judgment creditor does not need to subpoena you for the deposition.

The reason why the judgment creditor does not need to subpoena you for the deposition is that you have signed the presumed judgment and appeared already on the action. A party who has appeared in an action involving him or her simply gets mailed the notice of the deposition. He or she needs not be served with a subpoena.


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